Work contract will expire during notice period

9 posts in this topic

Hi TT-ers,

 

A very specific question here please...

 

My current employment contract expires November 13. There is no auto renewal mentioned.

 

The contract states that I must give one month termination notice to the end of the following month.

 

I am currently negotiating a job at a new company, and hoped it would be final this month, so I could give notice until the end of October.

 

Now it looks like this offer will come during October. Which means my notice period would technically go to the end of November, beyond my contract end.

 

Am I still required to provide the full notice period, or does the contract simply expire on Nov 13? Or do I have to give notice and offer up a couple extra weeks of an extended contract to take it to a month end?

 

Any advice appreciated!

0

Share this post


Link to post
Share on other sites

NC, let's apply some logic: If your termination period is longer than the fixed term of the employment agreement why would you even bother terminating?

 

The contract's term is over, you move on to greener pastures, no termination necessary.

6

Share this post


Link to post
Share on other sites

Wonderful! Exactly what I hoped to hear!

 

So, when I get my confirm, I will just let them know verbally out of common courtesy that I will not be renewing. Maybe I will do one final check in my contract to make sure there is no auto-renewal. Just for peace of mind.

 

Thanks Sarabyrd!

2

Share this post


Link to post
Share on other sites

So, this worked exactly as expected. I didn't need to terminate, and I simply informed my employer a few weeks before that I would not be renewing (once I got the contract for my new employment).

 

One thing I didn't consider though is the vacation I had accrued, but not taken. I just assumed the employer would automatically reimburse me for that. He didn't, and in reading other similar threads it appears I may be out of luck. Can anyone please confirm? There is about 10 days I would have been paid, so it is not an insignificant amount.

 

Please and thanks!

1

Share this post


Link to post
Share on other sites

According to your contract or union agreeement you may only be entitled to a holiday for every full month you are employed there, check your contract or ask the people in your HR department. If you are entitled to several days holiday you either take them or the company has to pay them out.

 

When you leave the company you should receive a statment that your employer has de-registered you with your health insurance company (Krankenkasse Abmeldung)and a holiday entitlement form (Urlaubsbescheinigung). Every time you begin a new job you have to hand these documents over to your new employer.

2

Share this post


Link to post
Share on other sites

Thanks so much for the reply!

 

I have private health insurance that comes out my account directly. My employer gave me money towards it each month, and will no longer do so going forward. I have given the details to my new employer. Is this de-registering you mention apply to private or only to public?

 

In terms of the holidays, my contract entitled me to 28 for the whole year. If it is per full month, then I guess I should be entitled to around 23(28/12*10). I took 13. I will ask about this holiday entitlement form.

 

Thanks again!

1

Share this post


Link to post
Share on other sites

The way you worked out your holiday entiltement is correct if you worked for a full month in January also 10 full months altogether.

 

The correct name of the document is Bescheinigung zur Sozialversicherung, Art der Meldung-Abmeldung. Your ex employer must de-register you from

the health insurance company, the state pension scheme, (Rentenversicherung) and Bundesagentur für Arbeit. As you are privately insured you will see the numbers 021 by Beitragsgruppe, KV/RV/BA on the document. 0 because you are privately insured, 2 is for the state pension scheme and 1 for the Bundesagentur for Arbeit.

 

Along with your personal contact details, bank account etc, you have to give each new employer the Urlaubsbescheingung, the Abmeldung and also a certificate from you health insurance company certifying that you are a member of this particular insurance company. Your new employer then registers you with the health insurance company, the Rentenversicherung and the Bundesagentur für Arbeit and you will recieve a Bescheinigung zur Sozialversicherung, Art der Meldung-Anmeldung.

 

Although the said institutions also recieve a copy of the documents, they do sometimes get lost even in Germany. They are very important as they prove that you have paid into the various insurance schemes. When you retire these documents are worth their weight in gold in proving that you worked for company X in 2013 and what you paid into the schemes in each year. Company X may not exist when you retire so there is no way the said institutions can request a copy from them if they should need one.

0

Share this post


Link to post
Share on other sites

Thanks SO much for such detailed information! Much appreciated!

 

My previous employer is a small company, so it will likely be very wise to get my own copy of this forms.

1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now